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Ornstein, defamation laws and the Panama Papers: the business context

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panama_papers_sz_chat

Okke Ornstein, Panama’s criminal defamation laws,
the Panama Papers and their business context

by Eric Jackson

Panama is under worldwide economic pressure because a law firm, one of whose partners was President Varela’s minister without portfolio and right-hand man, was shown to have as one of its principal business activities the hiding of the proceeds of many criminal activities, tax evasion most of all but also a lot of bribery and theft of public assets by politically connected individuals (among other rackets). The response that all of this is legal under Panamanian law and the real crime is the disruption of attorney-client privilege inherent in the massive document leak leaves most of the world unmoved.

Now, as human rights activists from around the Americas gather in Panama for the hearings of the Inter-American Human Rights Commission at the same time as journalists and anti-corruption activists from around the world gather for an anti-corruption summit here, Panama has jailed Dutch journalist Okke Ornstein for unflattering stories about a Canadian career criminal, Monte Friesner, who has been represented by the law firm of Panama City mayor José Isabel Blandón, who is also a member of President Varela’s Panameñista Party. Friesner has deployed fake news specialist Kenneth Rijock, and various folks of the alt-right persuasion have piled on, to hail Ornstein’s imprisonment. One thing that they have not done, however, is point out any particular thing that Ornstein wrote about Friesner and demonstrate that it was untrue.

The news in Brazil is pausing for a moment of shock and morning following the world-class tragedy of one its soccer teams’ demise in a plane crash near Medellin. Put on hold for just a moment — but actually we can expect that certain things will continue to move in order to take advantage of a window of opportunity when the Brazilian press and public are not paying attention — is the drumbeat of corruption investigations and political scandals that’s rocking Brazil with no end in sight. The apparent defeat of a proposed impunity law means that the books will not be quickly slammed shut and the testimony silenced. That means that jailed Marcelo Odebrecht is going to testify for the public record about bribes paid by his giant construction company to Panamanian public officials, corporate records sent to Panama to disappear and illegal financial transactions laundered through chains of shell companies set up by Panamanian lawyers. The defeat of the immunity proposal means that even more Brazilian politicians — the folks behind the impeachment of former President Dilma Rousseff and installation of current President Michel Temer — are going to fall and it’s a very good bet that many of their stories will involve bribe money laundered through Panama.

And so it is and has been in Pakistan and Spain and Iceland and Malta and so many other jurisdictions.

The Varela administration’s response? A new law providing that whatever crimes involving corruption by companies doing business with the Panamanian government that are proven in other countries’ courts didn’t happen because the Panamanian courts that avoided looking at these companies did not rule against them. Such a convenient policy, given US, Italian and Brazilian courts’ and prosecutors’ revelations about the bribery of Panamanian public officials.

Not to worry, nothing out of the ordinary here, we are told. You see, Panama is a “privacy jurisdiction.” Perhaps the new administration coming into office in the United States will be friendly to that sort of thing.

To be a “privacy jurisdiction,” Panama not only has banking and corporate secrecy. We also have a Supreme Court decision by a now-imprisoned magistrate that legalizes insider trading of stock shares that are not traded on Panama’s little exchange, and another high court decision that Generally Accepted Accounting Principles are unconstitutional. Although there are some minimal disclosure rules for companies whose shares or bonds are traded on our Bolsa de Valores, those get routinely flouted with little or no consequence. If someone in this country, Panamanian or foreigener, runs an online swindle from these shores or a pyramid scheme within our borders police and prosecutors will not act if the victims are not Panamanian citizens. It’s a wonderful privacy jurisdiction, certified as such by “sovereign investor” Bob Bauman, who was this “family values” Republican congressman from Maryland until he got caught with that 16-year-old boy. Had he been a Panamanian politician, publication of a truthful account of that event would have been a crime under this country’s injuria law, one of the of the two laws that make up Panama’s calumnia e injuria criminal defamation statute. Nominally truth is a defense to calumnia, but it isn’t to injuria — but then in Panama, facts and law can mean almost nothing to many of our judges, especially if the price is right.

Varela appointed a commission to look at the Panama Papers situation and quickly offended its two international stars, American economist Joseph Stiglitz and Swiss criminologist Mark Pieth. They broke away and published a scathing report, calling for worldwide sanctions against “privacy jurisidictions” like Panama. A few days later the remaining members of the commission, with former Panama Canal administrator Alberto Alemán Zubeita speaking for them, announced a set of recommendations for mostly cosmetic changes, mostly to the ways that corporate secrecy laws are to be preserved with a tweak here and there.

Alemán Zubieta, of course, was the guy who oversaw the acceptance of a lowball bid for the design and construction of the new locks by the GUPC consortium, a junior partner of which was his family’s CUSA construction company. But don’t worry. There was no conflict of interest because the Panama Canal Authority under Alemán Zubieta’s leadership declared that there was no conflict of interest.

What if Donald Trump does not come to the rescue of Panama’s oligarchic law firms, banks and other businesses founded on money laundering of one sort or another? What do we do when all we have is a canal, some ports and adjacent warehouses and a railroad to connect them? What do we do when chanting “offshore” no longer passes for business journalism?

Then we will be left with a body of laws and customs, including the criminal defamation statute, which makes it rather like playing “heads I win, tails you lose” for those who would invest in straight-up business ventues here. The criminal element about which investors would want to know so as to steer clear would remain lurking in camouflage.

Okke Ornstein’s accuser

What President Juan Carlos Varela is telling the world by his govenment’s jailing of Dutch journalist Okke Ornstein is that career criminals have governmental protection against public and private scrutiny. Consider the half-century criminal record of accuser Monte Morris Friesner. My apologies to those of you who do not read Spanish for the untranslated Spanish in some of the links, and the Russian in one of them.

The COCECSS / Pronto Cash credit card scheme in Panama

Pronto Cash was registered in the name of his Russian wife, but it was Monte Friesner. This is but a small corner of a much larger Financial Pacific set of financial scandals.

https://www.superbancos.gob.pa/superbancos/documents/laws_regulations/notice/2012/notice5-2012.pdf

http://www.complaintsboard.com/complaints/pronto-cash-monte-friesner-ripped-off-c663223.html

https://www.facebook.com/ProntoCash/?hc_ref=PAGES_TIMELINE

https://web.archive.org/web/20110926062645/http://www.pronto-cash.com/

http://boquete.ning.com/forum/topics/have-money-in-coacecss-think-about-this?id=1434455%3ATopic%3A251114&page=5

http://impresa.prensa.com/panorama/Juicio-caso-Coacecss_0_4274572578.html

See also, tangential but important background:

http://www.burbuja.info/inmobiliaria/burbuja-inmobiliaria/671611-guertel-y-gran-mafia-panamena.html

Laundering the Yeltsin entourage’s loot

The Russian Duma on Friesner — a bad translation that gets him as “Frizer” — as in

“… foreign nationals of Canada Monte Maurice Frizer, Lawrence Hiz, managers of Carlyle Coutts Capital Corpartion SA, etc. All these activities of Zagrebelniy and persons to whom he gave the right to receive credit, are constantly under the cover of the special services of Russia. …”

at https://translationcrimea.wordpress.com/2010/01/20/kuznetsov-corruption-report-%D0%B4%D0%BE%D0%BA%D0%BB%D0%B0%D0%B4-%D0%BA%D1%83%D0%B7%D0%BD%D0%B5%D1%86%D0%BE%D0%B2%D0%B0-%D0%BE-%D0%BA%D0%BE%D1%80%D1%80%D1%83%D0%BF%D1%86%D0%B8%D0%B8/

An attempted stock swindle in Canada

Ontario Securities Commission on Friesner and “First Federal Capital (Canada) Corporation” case:

… at the bottom of page 20:

“Friesner has a criminal record. In 1966 he received a suspended sentence and nine months probation for possession of property obtained by crime. He failed to comply with probation. In 1969 he was sentenced to two years less a day for uttering a forged document in attempted fraud. He was convicted of other offences, namely common assault, arson, assault causing bodily harm, theft over $200, on various occasions up to 1986. … [then they get into his US fraud conviction — see the appeals court opinion on that below].

http://www.osc.gov.on.ca/documents/en/Proceedings-RAD/rad_20040203_friesner.pdf

Fraud and money laundering conviction upheld in the USA

The 10th Circuit US Court of Appeals called Friesner “a consummate fraud artist” in its decision at

http://law.justia.com/cases/federal/appellate-courts/F3/61/917/492744/

 

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World Health Organization encourages HIV self-testing

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WHO issues new guidance on HIV self-testing ahead of World AIDS Day

by the World Health Organization (WHO)

In advance of World AIDS Day, the World Health Organization (WHO) has released new guidelines on HIV self-testing to improve access to and uptake of HIV diagnosis.

According to a new WHO progress report lack of an HIV diagnosis is a major obstacle to implementing the Organization’s recommendation that everyone with HIV should be offered antiretroviral therapy (ART).

The report reveals that more than 18 million people with HIV are currently taking ART, and a similar number is still unable to access treatment, the majority of which are unaware of their HIV positive status. Today, 40 percent of all people with HIV (more than 14 million individuals) remain unaware of their status. Many of these are people at higher risk of HIV infection who often find it difficult to access existing testing services.

“Millions of people with HIV are still missing out on life-saving treatment, which can also prevent HIV transmission to others,” said Dr. Margaret Chan, WHO Director-General. “HIV self-testing should open the door for many more people to know their HIV status and find out how to get treatment and access prevention services.”

HIV self-testing means people can use oral fluid or blood- finger-pricks to discover their status in a private and convenient setting. Results are ready within 20 minutes or less. Those with positive results are advised to seek confirmatory tests at health clinics. WHO recommends they receive information and links to counseling as well as rapid referral to prevention, treatment and care services.

HIV self-testing is a way to reach more people with undiagnosed HIV and represents a step forward to empower individuals, diagnose people earlier before they become sick, bring services closer to where people live, and create demand for HIV testing. This is particularly important for those people facing barriers to accessing existing services.

Between 2005 and 2015 the proportion of people with HIV learning of their status increased from 12 to 60 percent globally. This increase in HIV testing uptake worldwide has led to more than 80 pecent of all people diagnosed with HIV receiving ART.

Who misses out on HIV testing?

HIV testing coverage remains low among various population groups. For example, global coverage rates for all HIV testing, prevention, and treatment are lower among men than women.

Men account for only 30 percent of people who have tested for HIV. As a result, men with HIV are less likely to be diagnosed and put on antiretroviral treatment and are more likely to die of HIV-related causes than women.

But some women miss out too. Adolescent girls and young women in East and Southern Africa experience infection rates up to eight times higher than among their male peers. Fewer than one in every five girls (15–19 years of age) are aware of their HIV status.

Testing also remains low among “key populations” and their partners — particularly men who have sex with men, sex workers, transgender people, people who inject drugs, and people in prisons — who comprise approximately 44 percent of the 1.9 million new adult HIV infections that occur each year.

Up to 70 percent of partners of people with HIV are also HIV positive. Many of those partners are not currently getting tested. The new WHO guidelines recommend ways to help HIV positive people notify their partners about their status, and also encourage them to get tested.

“By offering HIV self-testing, we can empower people to find out their own HIV status and also to notify their partners and encourage them to get tested as well,” said Dr. Gottfried Hirnschall, Director of WHO’s Department of HIV. “This should lead to more people knowing their status and being able to act upon it. Self-testing will be particularly relevant for those people who may find it difficult to access testing in clinical settings and might prefer self-testing as their method of choice.”

Self-testing has been shown to nearly double the frequency of HIV testing among men who have sex with men, and recent studies in Kenya found that male partners of pregnant women had twice the uptake of HIV testing when offered self-testing compared with standard testing.

Twenty three countries currently have national policies that support HIV self-testing. Many other countries are developing policies, but wide-scale implementation of HIV self-testing remains limited. WHO supports free distribution of HIV self-test kits and other approaches that allow self-test kits to be bought at affordable prices. WHO is also working to reduce costs further to increase access. The new guidance aims to help countries scale up implementation.

WHO is supporting three countries in southern Africa which have started large scale implementation of self-testing through the UNITAID-funded STAR project and many more countries are considering this innovative approach to reaching those who are being left behind.

 

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BWAHAHAHA! A mad doctor Christmas comedy by the Guild!

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mad dopctor
Your garden variety mad doctor might be one of those boring and banal guys who wants to conquer the world. The cooler ones want to DESTROY the world. But isn’t it the same thing, if one wants to destroy Christmas? Naaaah — this guy just wants to be rich and famous.

If you’re only in it for the money, don’t cross the elves’ picket line

a review by Eric Jackson

Aren’t we forgeting the true meaning of Christmas? You know, the birth of Santa.
Matt Groening

 

We Jews believe it was Santa Claus that killed Jesus Christ.
Kinky Friedman

 

“Christmas Stopping” is a fun comedy by the Theatre Guild, a play with two casts and a substitute leading man after a medical emergency sidelined the original actor for that role. That there are two casts meant that this reporter didn’t see both of them perform at the one matinee performance — save for joint pre-show warm-ups and the other cast among the Christmas carolers during the intermission. In the larger scheme of things it also means that the Guild is growing so that more artists are learning and practicing their crafts in this, Panama’s oldest theatrical organization.

The cast I saw was Rob Getman, who plays the obsessed shrink and writer in both line-ups, MJ Rojas as the flaky daughter, Carlos Alemán as the loutish son, and Dayana Moreno as the long-suffering hippie wife and stepmother. It was well performed all the way around but to this reporter it seemed that Moreno gave the best performance.

The son of a mad doctor, a mad political scientist, a writer off on a weird tangent — those are life experiences to which this reporter can relate. THIS mad doctor, however, surely lacks a membership card for the Mad Scientists Union whose militant geniuses make Spiderman’s life interesting. He’s such a scab that he offends the elves’ unions. Surely in the more enlightened jurisdictions medical marijuana is an indicated prescription drug for someone married to such a creature.

So can the family survive the doctor’s obsession, his adult kids’ weirdness and the awful pressures of the holiday season? Go see the answer at the Ancon Theater, next door to the DIJ and across from the farmers’ market, at 8 p.m. shows on December 1st, 2nd and 3rd, with a 4 p.m. matinee on Saturday the 3rd.

flake
The family flake — she’s a believer.

 

lout
She’s thinking of getting back together with HIM, the doctor’s son? The fool!

 

Sancho Panza's many times great grnad-niece
And what fresh Hell is THIS?

 

rap
Oh my God — it’s ALIVE!

 

carols
Christmas carols on the front porch during intermission.

 

casts
Co-director Ingrid MacCartney leads both casts through pre-show exercises.

Christmas Stopping

a comedy written by James Rayfiled
directed by Keitha Kushner & Ingrid MacCartney
produced by Gale Cellucci & Ramona Rhoades
Cast 1: Rob Getman, Dayana Moreno, Carlos Alemán & MJ Rojas
Cast 2: Rob Getman, Tevia Brooks, Michael Lindo & Andrea Marchosky
Also pitching in for various production roles: Levys Mon, Relaine Winslow, Rafael Leonardo & Maria Emma Faria

 

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Editorials: VP trash talk; and Russians, Nazis and the US elections

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Chorrillo
What happened to El Chorrillo tells us not to go waving machetes at or talking trash to Uncle Sam. Photo by the US Department of Defense.

The VP’s extraordinary anti-American taunt

Uh huh. In an interview with the Spanish news agency EFE, Vice President and Foreign Minister Isabel de Saint Malo de Alvarado told Panamanians and the world that what happens with US policy isn’t that important. “The world’s need to sell keeps growing every day. We don’t see how a policy change in any one country, most important as it may be, can have a significant impact on that.”

What the Americans do can’t be significant? Perhaps she doesn’t remember the economic chaos of pre-invasion US sanctions. Perhaps she has never seen any need or desire to mingle with the survivors of those burned to a crisp in El Chorrillo. Perhaps she has never visited the abandoned industrial parks of the US Rust Belt, or paid any attention to what’s happening in Greece.

The VP goes on to dismiss the Panama Papers and something that just speeded up what Panama was doing anyway, ignoring the OECD disapproval, French blacklist and increasing difficulty of Panamanian banks in finding US corresponding bank services.

A Latin American country might well find other busienss partners to minimize the US leverage over it. Honduras tried that and is now ruled by a US-aligned death squad regime. Venezuela’s woes are mostly about a collapse in oil prices and its government’s ham-handed ways of dealing with that, but US hostility has greatly added to the pressure. If China has indeed moved into many Latin American economic spaces that the Americans used to occupy, it’s still insane to literally or figuratively wave any machetes at the United States.

There are policies like the War on Drugs and the handover of Panama’s rice production to US farmers in which our government ought to part ways with the United States. These sorts of things should be done calmly and with due deliberation, not with bravado and dismissal.

One gets the impression that a Varela administration fresh out of ideas is playing a nationalist card. But would the Panamanian people rally behind the economic fantasy that the government is spinning?

 

Russians and Nazis in the 2016 US elections

Did the Russian government hack the Democratic National Committee’e email server and hand the data over to WikiLeaks? Perhaps. But the top four DNC officials had to resign their posts in the middle of a presidential election year not because Putin insisted that they do so but because of their own gross misconduct, which showed up in the emails but had been complained of well before those leaks.

Is there some law that says that the Nazis’ “Big Lie” technique of endlessly repeating lies until a lot of people believe them to be true is acceptable and anybody who makes the proper association of that with publications and personalities of yesteryear like Der Sturmer and Joseph Goebbels automatically loses the argument for mentioning those who perfected an American advertising technique and applied it to the racist politics of their time and place? The white supremacists say so — but what they say is enemy propaganda to be countered, not obeyed.

The truth is that Hillary Clinton and almost all of the Democratic hierarchy ran an unethical campaign in the primaries, then ran an unbelievably stupid general election campaign. They lost to a reviled candidate and took many good Democrats farther down the ticket to defeat with them. Now is not the time to start the Chelsea Clinton for Congress campaign, for Nancy Pelosi to announce a reorganization plan, nor for the current Democrats Abroad leaders to tell us that they have everything planned through 2020. It wasn’t the Russians. They just need to go. Let the Democratic Party that they tried to reduce to a fundraising list restore itself without them.

 

Bear in mind…

 

It is better to know some of the questions than all of the answers.
James Thurber

 

By their essential nature triumphs can’t be given. They must be taken, and the worse the odds and the fiercer the resistance, the greater the honor. Victories can’t be gifts.
Lois McMaster Bujold

 

The first sign of corruption in a society that is still alive is that the end justifies the means.
Georges Bernanos

 

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Getting drenched to oppose sexist violence

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Demo 1
The rain got heavier after this, making photography with this reporter’s camera impractical. However, the march to the Public Ministry proceeded through the tropical cloudburst, the sewers overflowing into the streets all of that.

Marching through the rain against some of our worst nightmares

photos and story by Eric Jackson

An unfortunately small crowd of maybe 200 women, sprinkled with a number of men, marched to protest against the violence that gets visited upon women in Panama. If you consider the death toll, murder is much more often a crime suffered by men. So far this year, there have been 16 homicides of women reported in Panama. When you consider the more general topic of male violence used to control the lives of women, the official statistics understate the problem by far, but so far this year there have been more than 17,000 domestic violence cases filed with Panamanian authorities this year. Even more seriously under-reported are the rape cases.

In the crowd that assembled by the El Carmen Church there were labor unions and feminist groups. Politicians and their parties were notably absent. A couple of young Argentine jugglers were perhaps the most noticeable of the sprinkling of foreigners.

Yes, there were people there because it was the proper show of labor solidarity with oppressed female colleagues, or because it’s an obligatory plank on any really socialist organization’s platform, or because it’s a central demand of the feminist movement. But for so many of us, it was about our worse fears or our most nightmarish memories. It’s not polite for a reporter or anyone else to pry open old wounds of this nature, but this reporter knows a few of the demonstrators’ stories.

A man whose daughter was beaten to death. Women who were raped. Parents, siblings and children of women who were murdered. Men who, at the moment they saw domestic violence visited upon their mothers, also suffered it themselves. These latter cases are of special concern because domestic violence is a pattern of behavior that tends to get passed down from one generation to the next, and when one reviews the history of the violent offenders in Panama’s most hellish prisons, most of them were themselves the victims of domestic violence.

The November 25 date — a horrible time to march through the streets of Panama — was internationally determined, at a 1981 United Nations sponsored conference that declared the day to be the International Day for the Elimination of Violence Against Women. It’s the anniversary of that day in 1961 when Dominican dictator Rafael Trujillo had three sisters active in his opposition, Patria, Minerva and María Teresa Mirabal, beaten to death and then tried to disguise the deaths as the result of an automobile accident. The crime shocked the Dominican Republic and the world, and most fateful for Trujillo, shocked US President-elect John F. Kennedy, who shortly after taking office set into motion a covert plot that resulted in Trujillo’s assassination. (Looking back, the “regime change” was followed by more instability and misery rather than any particularly noteworthy flowerings of freedom or democracy to the DR.)

Also of concern to many of the protesters is the Varela administration’s proposed regulations implementing and changes to Law 82, which is aimed at preventing violence against women. Minister of Government Milton Henríquez proposed measures against communications media — including the online social media — that publish material said to denigrate women, which met strong resistance from journalists but not from the advertising cartel. The online press was, in Henríquez’s usual insulting way, excluded from the discussion. But meanwhile many feminists and people who work in the legal system say that the regulations would be ineffective both at dealing with domestic violence cases that come before the system and at encouraging victims to take recourse to the law. The government now proposes to eliminate the possibilities of fines for sexism in media. It seems that the marchers are not entirely in agreement about the subject. They dislike degradation in the media and many or most would rather keep the possibility of fines, but some in the crowd also know of how publicity for things like birth control of breast exams has sometimes been labeled as pornographic. There appears to be a greater consensus of dislike for Henríquez.

 

demo 2
The martyred Mirabal sisters.

 

demo 3
The basic point: “Our bodies say stop the violence.”
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¿Wappin? Thanksgiving ~ Día de Dar Gracias

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MS
Mercedes Sosa in 1972, before Argentina’s dictatorship and her exile, an ordeal that she survived.
Mercedes Sosa en 1972, antes de la dictadura argentina y su exilio, una prueba dura que sobrevivió.

¿Wappin? Thanksgiving ~ Día de Dar Gracias

Bob Marley – Give Thanks and Praises
https://youtu.be/9e5s7R-2-Lc

Bob Dylan – Forever Young
https://youtu.be/Frj2CLGldC4

Mercedes Sosa – Gracias a la Vida
https://youtu.be/uD1gnAtFSVI

John Coltrane – Psalm
https://youtu.be/f1xe7FDsQWY

Carlos Santana – Luz, Amor y Vida
https://youtu.be/OYSQtv66k20

Joss Stone – People Get Ready
https://youtu.be/msC8HkU3dpI

Johnny Cash – Jesus Was a Carpenter
https://youtu.be/nAuWFrA7VXg

Robbie Robertson – Broken Arrow
https://youtu.be/MiOISz3S8UQ

Mark Knopfler – Brothers in Arms
https://youtu.be/vBadAVsdixk

Jefferson Airplane – Wooden Ships
https://youtu.be/hIccZsURyLc

Julieta Venegas – Tu Calor
https://youtu.be/DVHPJnsVXt8

Ariana Grande & Stevie Wonder – Faith
https://youtu.be/VGJpmrbz5H8

Mad Professor & Aisha – Jah Protect I
https://youtu.be/HjQn0hjudfo

Willie Nelson & Emmylou Harris – Till I Can Gain Control Again
https://youtu.be/vTijRT8ifZo

The Four Tops – I Can’t Help Myself
https://youtu.be/qXavZYeXEc0

Bessie Smith – Give Me a Pig Foot and a Bottle of Beer
https://youtu.be/hbQEapPrjGM

Rómulo Castro – La Rosa de los Vientos
https://youtu.be/QUoV65mVgss

Sam & Dave – I Thank You
https://youtu.be/9e5s7R-2-Lc

 

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The Panama News blog links, November 22, 2016

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The Panama News blog links

a Panama-centric selection of other people’s work
una selección Panamá-céntrica de las obras de otras personas

Dredging News, ACP retires the Mindi

Defense News, USS Zumwalt breaks down in the Panama Canal

IHS Jane’s 360, Ecuador’s ASTINAVE gets PanCanal shipbuilding contract

La Estrella, La ACP deberá invertir $170 millones para el puerto Corozal

Popular Mechanics, Working PanCanal model Lego set

Prensa Latina, Panama’s canal and ports businesses decline

Port Technology, Panama vs Suez in the eyes of shipping alliances

El País, Costa Rica invertirá 16.000 millones en un canal terrestre

Heritage Foundation: China’s ‘One Belt, One Road’ initiative

Yale Environment 360, Shipping plans grow as Arctic ice fades

JOC, No escape for Panamax owners

Sporting News, Tony Taylor ready for more after Panama debut

SB Nation, Three things we learned from the Panama – Mexico scoreless tie

The Boxing Channel, El Nica and Jezreel work out ahead of title defenses

La Estrella, Crecen ingresos tributarios en Panamá

AP, Panama warns France over inclusion on tax haven list

ANP, Inician proceso de precalificación de la línea 3 del Metro de Panamá

Mundo Hispanico, Trump le da 200 días al NAFTA para renegociarlo

Reuters, Trump’s NAFTA revamp would require concessions

STRI, Connections make a difference in tropical forests

Mongabay, Concerns about deep sea mining off of Papua New Guinea

Costa Rica Star, Dengue vaccine for sale at Costa Rican pharmacies

EFE, Científicos estudian impacto del ruido del hombre en el Pacífico

The Guardian, Facebook staff move to tackle fake news

Global Voices, Backdoors and spyware on smartphones is the norm in China

Science Alert, Musk: Tesla solar roof could cost less than an ordinary one

Miraglia, The invisible migrants of the Darien Gap

BBC, Colombia arrests 22 suspected Urabeños

BBC, Protesters invade Brazilian Congress to demand military coup

Nation of Change, Unforeseen consequences in Mali

América Economía, El fin del Siglo Americano

Stiglitz, What America’s economy needs from Trump

Pizarro, ¿Podrá Donald Trump reindustrializar Estados Unidos?

Eyes on Trade, TTP RIP

Los Angeles Times, Bernie’s plan to lead Democrats out of the wilderness

Takei, Re: Japanese internment

Khrushcheva, Trump’s reality TV politics

WOLA, US states’ marijuana legalization boost reform chances in the Americas

Ramírez Zabala, The hypocrisy in Panama’s treatment of Venezuelan immigrants

López, Estado de desorganización

Presidencia, Informe del Comité de Expertos Independientes (PDF)

Telemetro, Omar Alfanno gana Grammy Latino por “Vine a buscarte”

El Siglo, Ericka Ender gana Grammy con “Ataúd”

 

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Dutch Association of Journalists, Panama jails journalist to protect fraud artist

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US v Friesner
Read the appeals court’s entire decision here. See Mr. Friesner’s later dealings with Canadian securities regulators here. See the credit card business that he tried to set up in his wife’s name in Panama here.

Dutch journalist Okke Ornstein
is under arrest in Panama

Reporter faces 20-month sentence for baseless libel case

by the Dutch Association of Journalists

Dutch journalist Okke Ornstein was detained and arrested upon arriving at Panama’s Tocumen International Airport on Tuesday, November 15. He is facing a 20-month sentence for libel and slander pertaining to articles he posted on his blog about the dubious business activities of a Canadian citizen, Monte Friesner, in Panama.

The substantive aspects of the case show that there is no ground for the criminal prosecution of Ornstein. Friesner, whose lawsuit led to Ornstein’s conviction in Panama, was himself convicted in the United States for similar offenses that Ornstein wrote about on his blog. Friesner was also facing criminal prosecution in Panama, and it is presumed that he has left the country.

The Dutch Association of Journalists (NVJ) condemns the arrest. “A 20-month prison sentence over a series of blog posts is against the fundamental principles of freedom of speech and the freedom of expression, principles that are acknowledged as fundamental rights worldwide,” said Thomas Bruning, Secretary General of NVJ.

On his blog, Ornstein mostly writes stories about corruption and fraud cases. “This prison sentence sends a signal that critical journalism on fraud and corruption is not possible in Panama,” said Bruning. “Ornstein is being punished in a way that does not comply with the principles of a democratic justice system.”

According to Ornstein’s lawyer Channa Samkalden, who is involved from The Netherlands, Ornstein did not get due process and did not receive proper legal aid during the criminal proceedings in Panama.

NVJ is working with the Dutch Ministry of Foreign Affairs and the Dutch Embassy in Panama to free Ornstein as soon as possible — and to ensure that he has access to adequate legal representation.

Additionally, the Dutch journalist association is turning to Dutch Minister of Foreign Affairs, Bert Koenders, to raise the troubling issues in Ornstein’s case at the highest levels in Panama. Ornstein is a working journalist of Dutch nationality who currently lives in Panama. He manages the websites www.ornstein.org and www.bananamarepublic.com. The former is about his general journalistic work, while the latter focuses specifically on Panama and more broadly Latin America. On the Bananama Republic blog, Ornstein provocatively discusses background stories and news, particularly in the areas of corruption, fraud and politics.

In 2015, Dutch public-service broadcaster NTR nominated a radio documentary about refugees by Ornstein for the Tegel-prijs in The Netherlands. His in-depth radio investigation “Barro Blanco,” about a hydroelectric dam in Panama that was funded by a Dutch bank and prompted questions in the Dutch Parliament about environmental and social consequences, was nominated for the prestigious Prix-Europa in 2013. Most recently, Ornstein has worked for Dutch public broadcasters and Al-Jazeera.

 

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Avnery, President-elect Trump

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Lieberman
Soon to have a soul brother in the White House? It’s hard to say what will change in US relations with Israel. Obama generally said that he opposed what Avigdor Lieberman stood for, but never withheld any financial or political support for it. But right after Trump’s election the Israeli government took the opportunity to  “legalize” all of the informal seizures of Arab-owned land on the West Bank and in East Jerusalem to build segregated Jews-only housing projects.

The President-elect

by Uri Avnery

The first shock has passed. President-elect Donald Trump. I am gradually getting used to the sound of these words.

We are entering an era of complete uncertainty. We Israelis and the entire world. From shoe-shine boy to head of state.

Nobody knows.

But first we must say goodbye to Barack Obama.

Frankly, I like the guy. There is something noble about him. Upright. Honest. Idealistic.

When the cameras showed him this week sitting together with Donald Trump, the contrast could not have been greater. Obama is the anti-Trump. Trump is the anti-Obama.

And yet….

Yet in all the eight long years of his presidency, President Obama has done nothing, nothing at all, for peace in our region.

In these eight years, the Israeli ulra-right has flourished. Settlements in the occupied territories have multiplied and grown larger. After every new settlement expansion, the State Department has dutifully condemned it. And then given Binyamin Netanyahu another few billions. And the latest gift was the biggest ever.

When he came into office, Obama made some very beautiful speeches in Cairo and Jerusalem. Many exquisite words. And they were just that: mere words.

Some people believe that now, when Obama is free of all obligations, he will use his last two months in power to atone for his sins and do something meaningful for Israeli-Palestinian peace. I doubt it.

(Years ago, at some European congress, I accused the Spanish Diplomat Miguel Moratinos of doing nothing for Israeli-Palestinian peace. In his aggressive reply, he accused me of sheer impertinence. Why should anyone do anything for the Israeli peace forces, if these forces themselves do nothing to achieve peace?)

Have we heard the last of the Obama family? I am not sure. Somehow I have the idea that after four or eight years we will see another Obama running for president: Michelle Obama, the wildly and rightly popular first lady, who has all the qualities needed: She is black. She is a woman. She is highly intelligent. She has a sterling character. (Unless in the New America, these are all negative qualities.)

There was some comfort in the election results. Hillary Clinton got more votes than Donald Trump. She lost in the electoral college.

To a foreigner, this institution looks as obsolete as a dinosaur. It may have had its uses when the United States of America (in the plural) were really a federation of diverse and different local entities.

These days are long past. We now used the term “United States” in the singular. The US does. The US thinks. The US votes.

What is the profound difference between a voter in Arizona and a voter in Montana? Why should the vote of a citizen in Oregon weight more that the vote of a citizen in New York or California?

The electoral college is undemocratic. It should have been done away with a long time ago. But political institutions die slowly, if at all. Somebody always profits from them. This time it is Trump.

A similar antiquated system is the appointing of Supreme Court judges.

The Supreme Court has immense power, cutting deep into the private life of every US citizen. Enough to mention abortions and same-sex marriages. It also influences international relations and much more.

Yet the power to appoint new judges rests solely in the hands of the president. A new president changes the composition of the court, and lo and behold, the entire legal and political situation changes.

In Israel, the very opposite prevails. Years ago, new judges were practically appointed by the old judges, “a friend brings a friend,” as popular humor had it.

Later this system was changed a bit — Supreme Court judges are now chosen by a committee of nine, three of which are sitting judges, two others are politicians from the Knesset (one each from the government coalition and from the opposition), two are government ministers and two represent the bar association.

Five of the members of the committee must be women. One of the judges on the committee is an Arab, appointed by seniority.

But the decisive point of the law is that any appointment must be made by a majority of seven members –- seven of nine. This means in practice that the three sitting judges on the committee have a veto power on any appointment. So have the politicians. A judge can only be appointed by compromise.

Until now, this system has worked very well. No complaints have been registered. But the new Minister of Justice, a rabid ultra-nationalist woman, wants to change the system: no more majority of seven, but a simple majority of five. This would give decisive power to the right-wing politicians and abolish the power of the three judges to block political appointments.

This proposal has aroused very strong opposition, and the debate is still going on.

How to describe the incoming president, less than two weeks after his election?

The first word that springs to mind is: erratic.

We saw this during the election campaign. He would say two contradictory things in the same breath. Say something and deny it. Flatter one section of the voters and then their enemies.

OK, OK some people would say. So what. A candidate will say anything to get elected.

True, but this particular candidate overdid it. He presented a very nasty personality, devoid of civility, propagating hatred of blacks, Hispanics, and gays, denigrating women, not rejecting outright anti-Semites and neo-Nazis.

But it worked, right? It got him where he wanted to be, didn’t it? It does not compel him to go on in the same vein, now that he has reached his goal. So, forget it.

Some people are now dreaming of a completely new Trump, a person who abandons all his old slogans and declaration and turns out to be a sensible politician, using his proven talent for deal-making in order to achieve the things necessary to make America great again.

As a candidate he did the things necessary to get elected. Once in office he will do the things necessary to govern.

Other people pour cold water on these hopes. Trump is Trump, they say. He will be as nasty a president as he was a nasty candidate. A far-right hate-monger. His every step will be dictated by his ugly world of ideas. Look, his first major appointment was of a rabid anti-Semite as his closest advisor.

WELL, I don’t know. Nobody does. I tend to believe that he himself does not either.

I think that we are in for four years of uncertainty. Faced with a problem he knows nothing about, he will act according to his mood of the moment. He will take advice from nobody, and nobody will know in advance what will be his decision. I feel fairly certain about this.

Some of his decisions may be very good. Some may be very bad. Some intelligent. Some idiotic.

As I said: erratic.

The world will have to live with this. It will be highly risky. It may turn out right. It may also lead to catastrophe.

People have compared Trump to Adolf Hitler. But the comparison is quite erroneous.

Apart from their German-Austrian descent, they have nothing in common. Hitler was no billionaire. He was a real man from the people –- an unemployed nobody, who lived for some time in a public shelter.

Hitler did have a Weltanschauung, a fixed world-view. He was a fanatic. When he came to power, people deceived themselves into believing that he would soon give up his demagogic, rabble-rousing ideas. He did not. Until the day of his suicide, Hitler did not change his ideology one iota. Tens of millions of victims, including the millions of Jews, testify to that.

Trump is no Hitler. He is no Mussolini. Nor even a Franco. He is a Trump.

And that may be bad enough. Maybe.

So do up your safety belt and hold on tight for the roller-coaster ride.

 

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Editorials, A civil rights leader Americans need; and Guns in Panama

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King Christian X of Denmark, who stayed in his country and retained his title during the German occupation. There is a legend that he wore a yellow star in solidarity with Danish Jews, which is is not actually true. What is true is that under the king's moral leadership and with the assistance of cops, fishing boat owners and Danes from all walks of life, when the Nazis came to round up Denmark's 7,000 or so Jews nobody would turn them in and most were able to flee to neutral and unoccupied Sweden. Only about 500 Danish Jews were caught and sent to concentration camps.
King Christian X of Denmark, who stayed in his country and retained his title during the German occupation. There is a legend that he wore a yellow star in solidarity with Danish Jews, which is is not actually true. What is true is that under the king’s moral leadership and with the assistance of police officers, fishing boat owners and Danes from all walks of life, when the Nazis came to round up Denmark’s 7,000 or so Jews nobody would turn them in and most were able to flee to neutral and unoccupied Sweden. Only about 500 Danish Jews were caught and sent to concentration camps.

A civil rights leader for our times

The days when African-American and Jewish leaders marched together for civil rights came and went. One of the oldest civil rights groups in the United States, the Anti-Defamation League, was founded in 1913 after the Ku Klux Klan lynching of a Jewish businessman in Atlanta. It’s now an international organization, with a small presence in Panama. The ADL mainly defends Jews against defamation, discrimination and violence but also speaks out against all sorts of bigotry and racism.

Both Jews and Gentiles can and do argue about the ADL’s stands with respect to the human rights policies of Israel. However, we should recall that back in 1985 when Palstinian-American activists Alex Odeh was killed in a bombing of the American Arab Anti-Discrimination Committee office in Los Angeles, the ADL was one of the first non-Arab organizations in the United States to call for the perpetrators to be brought to justice — something that has yet to happen.

Now, to the cheers of racists and bigots, including some who are Jewish, Donald Trump calls for a registry of all Muslims in the USA. But Jonathan Greenblatt, who heads the Anti-Defamation League, stood up before a meeting called to fight anti-Semitism and said: “I pledge to you right here and now, because I care about the fight against anti-Semitism, that if one day in these United States, if one day Muslim-Americans will be forced to register their identities, then that is the day that this proud Jew will register as a Muslim.”

A USA that is in dark times that will get darker needs civil rights leaders to avoid such a registry and many other threatened affronts to human dignity and equality. Greenblatt advises well on which way Americans of good will, regardless of their faith or lack thereof, ought to go in the face of injustice. Let us hope that if such a registry is created by the Trump administration, there will be a long line of Americans at the US Embassy here, demanding inclusion on that list.

 

Panama’s own constitutional gun issues

Did President Varela get rid of a minister who repeated US gun sellers’ false advertising and tried to make it Panamanian government policy? Good for him. Here the constitution says that weapons of war may not be privately possessed and that citizens’ and foreign residents’ rights to keep other sorts of firearms are subject to regulation by law. The US Second Amendment does not apply here.

But Panama’s constitution also, but a 1994 amendment, says that we have no army and that our national defense is to call civilians up to a militia commanded by the National Police in times of emergency. The constitution provides that Panamanians must take up arms in case of war, and allows no exceptions for religious or other sorts of pacifists.

The reality is that our National Frontier Service (SENAFRONT), our National Aeronaval Service (SENAN) and parts of our National Police have become de facto military forces under the tutelage of US forces whose presence here is protected under secret agreements and rarely acknowledged. Whether we want to openly have a military again is a proper subject to debate when drafting a new constitution. With Donald Trump coming to power in the USA, whether we want to continue this military relationship with the United States or look instead to our Latin American neighbors for training and expertise is something to look into regardless of any constitutional considerations.

But what if we keep the presently prescribed scheme, and try to make it something more than a dead letter? That will, as a practical matter, require every citizen to acquire military skills. Pacifists who will not make war ought to have the other skills needed to be called up as paramedics, firefighters or so on in the event of a national emergency. The ordinary Panamanian adult would need to have undergone basic military training and know how to fire, clean, disassemble and assemble an assault rifle. Warfare would have to be studied in the schools.

There are good reasons for a nation that’s not very warlike to reject the requirements of a working militia system and instead rely on a small military caste. There are also good reasons not to have a military force, and even better ones not to be subject to a foreign army. Panama has suffered too much under men in uniform, both foreign and domestic. Surely there is no perfect answer, but there can be no acceptable one without addressing some realities that are omitted in the present constitution’s passages about arms.

 

Bear in mind…

We have only the people’s hearts and minds to depend upon. If we cast them aside and lose the people’s hearts, what can we use to sustain the country?

Empress Dowager Cixi

The people have made their decision — the bastards!

Dick Tuck

Property-owners are the most energetic flag-waggers and patriots in every country, but only so long as they enjoy their possessions: to safeguard those they desert God, King and Country in a twinkling.

C.L.R. James

 

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